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A legal battle between the celebrity builder of a palatial Brisbane home in an up-market suburb and the city council over a hilltop infinity pool is set to be settled.

7 Prospect Terrace JV Pty Ltd, a company owned by builders Andrew Gray, 37, brother Robert, 34 and their dad Stuart, 68, have told the Planning and Environment Court in Brisbane that council will approve the wall and pool with some small changes.

The company stated it will reduce the height of the “4.75m” tall retaining wall by 1m

The pool and wall sits at the home called “Scorpia” at 25 Grays Rd in Hamilton, described as “towering above the riverside on an exclusive stretch of Hamilton Hill”.

The company, owned by the same people behind celebrity building company Graya, states in court documents that they will reduce the height of the “4.75m” tall retaining wall by 1m for the portion fronting Grays Rd and extending for a 2.5m portion fronting Mullens St.

They have also agreed to alter the render finish of the retaining wall from a light coloured, smooth texture to a dark grey, courser texture and to add 10 street trees to the road reserve.

“Following two without prejudice conferences, the parties have reached an agreement to resolve the current proceedings,” lawyers for Graya told the court in a written application filed in court and dated Tuesday October 10.

Scorpia by Graya

The stoush over the above ground swimming pool structure to the west of the five-bed five-bath six-car home and the retaining wall has been long-running.

It began in December 2021 when the Gray family company made a change application to the approval for the building of the house, so that it incorporates the swimming

pool and retaining wall.

The council refused it in March 2022, and the following January the council slapped 7 Prospect Terrace JV with an enforcement notice alleging the pool and wall breached development rules.

7 Prospect Terrace JV appealed the enforcement notice in February, and then 7 Prospect Terrace JV made a new development application to “regularise” the pool and wall, this was then refused by council in August.

Andrew and Rob Gray pose at another Graya house in Paddington. (AAP Image/Claudia Baxter)

The house has parking for six-cars and was built on the former site of a pre-1947 home which was demolished.

Matt Lancashire of Ray White, who marketed the property, told The Courier-Mail in May that the property had sold to a “local buyer” for $10m.

Property database RP Data states that the home was sold on May 19 and the buyer was “not disclosed”, as the sale is “pending settlement advice”.

Any sale is likely to be conditional on the council approval of the pool.

The case is in court in Brisbane today.

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